ABA Issues New Formal Opinion on Changing Law Firms
I want to quit my law firm and take clients with me. What ethical considerations are there in doing so? There are few direct answers in the Louisiana Rules of …
May a Lawyer Obtain an Indemnity Agreement from a Client?
A recent advisory ethics opinion addresed whether it is “permissible for an attorney to include an indemnification provision in a retainer agreement at the commencement of representation that requires the …
May a Lawyer Renegotiate a Bad-Deal Fixed Fee Agreement?
Yes, as long as the renegotiation is fair and reasonable in light of circumstances unanticipated by the lawyer and the client at the commencement of the lawyer’s representation. In September …
May a Lawyer Secretly “Ghostwrite” Court Papers for a Pro Se Litigant?
Yes. Although the issue was unsettled for many years, the prevailing current view is that professional conduct standards do not prohibit a lawyer from preparing documents for a pro se …
May a Lawyer Cast a Geotargetted Ad to a Prospective Client in an Emergency Room?
On May 25, 2018, NPR’s All Things Considered featured a segment on “Digital Ambulance Chasers? Law Firms Send Ads to Patients’ Phones Inside ERs.” Here’s how NPR described the practice: …
Ethical Considerations When Switching Law Firms
I want to quit my law firm and take my clients with me. What ethical considerations are there in doing so? There are few direct answers in the Louisiana Rules …
Can a Lawyer Enter Into an Agreement Restricting a Person’s Ability to Report the Lawyer to the Office of Disciplinary Counsel?
No. A recent Illinois disciplinary decision addressed whether it was appropriate for a lawyer to include a “non-disclosure provision” in her engagement agreement. In that provision, the lawyer’s client agreed to …
Can I Scan My Closed Files and Shred the Paper?
Yes you can. A recent advisory opinion from Nebraska addressed this issue, and concluded that “given the impact of technology on how files can be retained, it is not reasonable …
How Long Must I Keep My Former Client’s File?
It depends. In deciding whether to discard a client’s file, a lawyer should consider the nature of the client, the matter, and the documents. Louisiana Rule 1.15(a) provides as follows: A lawyer shall hold …
ABA Formal Opinion: How to Withdraw Without Spilling Too Many Beans of Confidential Information
A lawyer who seeks to withdraw from the representation of a client involved in litigation typically must seek permission of the presiding tribunal to do so. Indeed, Rule 1.16, governing …